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Res 02-356 RESOLUTION NO. 02-356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE. CITY'S 401 (A) MONEY PURCHASE PLAN (AMENDS NO.99- 307) . NAME OF EMPLOYER: CITY OF FEDERAL WAY, WASHINGTON EMPLOYER PLAN NUMBER: 107222 WHEREAS, the City of Federal Way ("City") has employees rendering valuable services; and WHEREAS, pursuant to Resolution No. 99-307 the ci ty Council established a qualified retirement plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the qualified retirement plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the qualified retirement plan; Res. ~2-356, Page 1 ORIGINAL NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Plan Form. The Ci ty hereby amends and restates the qualified retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust, a copy of which is attached hereto and incorporated herein by this reference. Section 2. Plan Assets. The assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Plan participants and- their beneficiaries. Section 3. Plan Loans. The Plan will not permit loans. Section 4. Plan Trustee. The City hereby agrees to serve as Trustee under the Plan. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or Res. #02-356, Page 2 constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent.with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. In accordance with the changes in the Internal Revenue Code, this resolution shall be effective January 1, 2002. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of February , 2002. CITY OF FEDERAL WAY ~~-~ ATTEST: cQLŒ~~ APPROVED AS TO FORM: fYrd; iJ/:tt&<L~/-hv CITY ATTORNEY, BOB C. STERBANK Res. ID2-356 , Page 3 FILED WITH THE CITY CLERK: 01/25/02 PASSED BY THE CITY COUNCIL :02/05/02 RESOLUTION NO. 02-356 K, \Resolution\'.'aplan2..2 Res. #~, Page 4 0